Communities of color are often exposed to greater amounts pollution than others.  These higher exposures increase the risk of developing cancer, other health ailments, or simply intolerable living conditions, not to mention damage to property and reduced property values.  State agencies often lack the will and authority to protect communities of color from these risks.  The Alliance will seek equal justice for communities of color by exposing regulatory agency failures, challenging agency authorizations to pollute, petitioning for the adoption of rules to protect human health from cumulative exposures to contaminants, and enforcing civil rights laws.


Environmental Justice
    Alliance Supports Challenge to Dothan Landfill Permit  ** Donations Needed **
Comments
Dec 21, 2021 -- ADEM, the Environmental Management Commission, and City of Dothan petition the
Alabama Supreme Court for review of the decision of the Court of Civil Appeals.
Oct 8, 2021 -- Court of Civil Appeals reverses Montgomery County Circuit Court's decision upholding
Environmental Management Commission's approval of Dothan's May 6, 2019 permit. The appellate
court holds that ADEM, the Commission, and City of Dothan misinterpreted the statutory requirement
that the City's permit application must be approved by the local governing body (Board of Commissioners
of City of Dothan) before ADEM may consider the application. (Click on DECISION image to right).
Jul 10, 2021 -- Petitioners file notice of appeal to Alabama Court of Civil Appeals.
Feb 2, 2021 -- Montgomery County Circuit Court upholds Environmental Management Commission's approval of Dothan's May 6,
2019 permit.
Jul 10, 2020 -- Petitioners appeal the Environmental Management Commission's approval of the May 6,
2019 permit to Montgomery County Circuit Court.
Jun 12, 2020 -- The Alabama Environmental Management Commission approves the May 6, 2019 permit.
May 20, 2020 -- A Hearing Officer recommends that the Environmental Management Commission
disapprove the May 6, 2019 permit. See https://bit.ly/2Mqrn53.
Jul 4, 2019 -- Residents appeal permit to Environmental Management Commission. (Click on REQUEST
image to right).
May 6, 2019 -- ADEM granted the City of Dothan a permit.
Feb 28, 2019 -- ADEM held a public hearing on the proposed
permit. (Click on Dothan Landfill video to the right).
Dec 28, 2018 -- David A. Ludder, representing several residents
with property near the landfill, submitted comments on the
proposed landfill expansion permit. (Click COMMENTS image to
right). Ludder explained that the population within one mile of
the landfill is 89 percent Black and that this population has
suffered offensive odors and
disease carrying insects and vermin from the operation of
the landfill for many years.
Nov 23, 2018 - The Alabama Department of Environmental Management (ADEM) published notice of intent to issue a revised permit
to the City of Dothan authorizing it to expand its landfill with capacity to last another 25-40 years. This is the City's third attempt to
obtain approval for the expansion. Two earlier attempts were defeated because of public notice defects.
Alliance prepares mapping tools showing Alabama and Florida facilities releasing toxics that pose health risks to minority communities

Open side panel to see legend by clicking on >> icon.  Click on dots to identify facilities and see data.  Click on census block groups to see population and percent minority.
     Alliance Supports Black Residents' Lawsuit Challenging Validity of ADEM Landfill Rules
Mar. 11, 2020 -- Alabama Governor Kay Ivey signed into law Act No. 2020-30 which authorizes the Alabama Department of
Environmental Management to approve the use of materials other than earth as cover at landfills.
Dec. 3, 2019 -- The Alabama Supreme Court granted ADEM permission to appeal the decision of the Court of Civil
Appeals.
Oct. 11, 2019 -- The Alabama Court of Civil Appeals unanimously (5 judges) held that the ADEM rules allowing
landfill wastes to be covered with materials other than earth are invalid because they exceed the the agency's
statutory authority. The Court reversed the decision of the trial court and directed that the trial court enter a
judgment in favor of the plaintiffs. Click on the image to the right to read the Court OPINION.
Jan. 23, 2019 -- The Alliance is providing financial support to allow three Black residents to appeal a circuit court decision upholding
ADEM rules that allow landfill wastes to be covered with materials other than earth. These alternative materials include tarps,
petroleum contaminated soil, coal ash, and automotive shredder residue. As a result of using these alternative materials, the
residents claim they are suffering exposure to offensive odors and disease-carrying insects, rodents, and other animals and reduced
property values. The basis of their appeal is language in State law that specifies that waste shall be covered daily with six inches of
compacted earth. The Alliance seeks additional contributions to support this appeal.
    Alliance Supports Lawsuit Against ADEM Director for Adopting Invalid Discrimination Procedures
Feb. 14, 2019 -- In an effort to comply with EPA regulations and secure the continued
receipt of millions of dollars in grant funding from EPA, ADEM has adopted
environmental discrimination grievance procedures. These procedures are supposed
to be followed when persons complain that ADEM actions have subjected them to
discrimination on the basis of race, color, national origin, or sex. Under these
procedures, ADEM is required to determine if it has jurisdiction over a complaint, and if
it does, to investigate the complaint and provide a prompt and fair resolution of the
complaint.
Unfortunately, the procedures are invalid for a number of reasons. First, they were
adopted by the Director of ADEM who lacks the authority adopt "rules" and "environmental policies." Second, they were adopted
without public notice and public comment required by two statutes. And third, the Legislature did not grant ADEM authority to
consider discrimination on the basis of race, color, national origin, or sex in any administrative decision. Thus, the procedures cannot
provide a meaningful resolution of any complaints alleging such discrimination.
Five Black individuals residing in three different counties in Alabama have filed a lawsuit against the Director of ADEM contesting the
validity of the procedures in hopes that the Legislature will grant ADEM the authority to consider racial discrimination in its
administrative decisions, that the procedures wll be subjected to public notice and comment, and that the procedures will be adopted
by the Alabama Environmental Management Commission.
The Alliance is providing financial support to enable the Black residents to seek justice. Donations to the Alliance will help pay for
litigation costs.
ENVIRONMENTAL DEFENSE ALLIANCE
"Justice for All"